Historic Abuse

Historic Allegations – Use of Experts

Barely a day goes by without the newspapers and other media identifying new allegations of abuse of all kinds. Sometimes these allegations are identified as a result of publicity given to other cases, and in other cases they arrive de novo. We will all have read about abuses in care homes, by security forces, by individuals, by families often with a degree of amazement that such things could have happened without others knowing, or, apparently, caring. Such abuses include emotional, sexual and physical violence, and in some cases cruel, inhuman and degrading treatment or torture. The reasons for non-disclosure are myriad and may include shame, embarrassment, threats, fears of security of home and job. The wider discussion and wider understanding amongst those in authority and the general public that such cases are not so rare has enabled many episodes to be identified. That and the work of individuals and journalists may all bring such instances into the public domain.

How such cases are investigated may be as widespread as the nature and type of abuse itself. There may be public inquiries (eg the Baha Mousa and AlSweady Inquiries – www.bahamousainquiry.org and www.alsweadyinquiry.org ). The AlSweady Inquiry was established under the Inquiries Act 2005 and is chaired by the Sir Thayne Forbes with the following terms of reference: “To investigate and report on the allegations made by the claimants in the Al-Sweady judicial review proceedings against British soldiers of (1) unlawful killing at Camp Abu Naji on 14 and 15 May 2004, and (2) the ill-treatment of five Iraqi nationals detained at Camp Abu Naji and subsequently at the divisional temporary detention facility at Shaibah Logistics Base between 14 May and 23 September 2004, taking account of the investigations which have already taken place, and to make recommendations”. There may be local inquiries such as the Independent Jersey Care Inquiry (http://www.jerseycareinquiry.org) which is investigating the abuse of children in Jersey’s care system over many years. The problem of such cases extends worldwide and the Australian The Royal Commission into Institutional Responses to Child Sexual Abuse will hold its first public hearing in Darwin on Monday 22 September 2014 (www.childabuseroyalcommission.gov.au).

In the UK the Home Secretary Teresa May announced in July a major new inquiry into abuse allegations, in the wake of widespread concern about the activities of priests and celebrities including Jimmy Savile and Rolf Harris. She stated that political parties and the Security Service, MI5, will have their internal files combed by an independent inquiry to establish what they knew about allegations of child sex abuse by politicians and other members of paedophile rings. She also disclosed that if necessary it could be upgraded to a full public inquiry, with powers to take evidence taken on oath. We will all be aware of the controversy around the initial appointment of Dame Elizabeth Butler-Sloss to lead the inquiry and her subsequent stepping down (www.bbc.co.uk/news/business-28295282).

Other types of historic allegation include Kenyans tortured by British colonial forces during the Mau Mau uprising as former Foreign Secretary William Hague indicated last year when he said the UK government recognised Kenyans were tortured and it “sincerely regrets” the abuses that took place. He said in the Commons “I would like to make clear now, and for the first time, on behalf of Her Majesty’s government, that we understand the pain and grievance felt by those who were involved in the events of the emergency in Kenya….The British government recognises that Kenyans were subject to torture and other forms of ill-treatment at the hands of the colonial administration…The British government sincerely regrets that these abuses took place and that they marred Kenya’s progress towards independence” (www.bbc.co.uk/news/uk-22790037).

In all these cases, whatever the nature of the allegations, those who have been subject to such abuses may have sustained harm. It may be visible harm – in the form of physical injury leaving marks, scars, deformity or loss of function, – or it may be non-visible harm – where psychological and psychiatric issues predominate. In all cases it is important that the evidence of those making the allegations is properly identified and evidenced so that the inquiry can use that information as part of its overall deliberations. The need to properly assess such evidence is crucial to the integrity of the investigation and a structured, consistent approach, using a model such as the Istanbul Protocol can assist in properly weighing up and considering the harm – if any – that has been sustained. It is crucial that those undertaking medical, or psychological and psychiatric assessments have a clear understanding and experience in the presentation of forms of harm that may be many decades old. Perhaps, when assessing individuals, although it is important to remember that false allegations can and do occur, and that ‘absence of evidence’ may not necessarily be ‘evidence of absence’. An expert providing opinions in such cases must be properly able to explain to any court, inquiry or tribunal what any positive or negative findings mean – and to provide a range of explanations for such findings. Personal experience in such settings emphasises the need to have detailed instructions finalised before commencing work and then to undertake examinations and assessments in the appropriate settings and having free access to all relevant information.

As the numbers of inquiries and investigations increase it is important to ensure that all supportive evidence is provided in an independent, un-biased and rigorous way. It is also important that those instructing experts for opinions have their expectations managed in a realistic and honest way, emphasing the limits of any medical, psychological, psychiatric or other opinion.

Cases which FHC experts & consultants have providedopinions, played a role and provided an expert opinion in:

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